The Building (Amendment) Regulations 2016
| Jurisdiction | UK Non-devolved |
| Citation | SI 2016/490 |
| Year | 2016 |
2016 No. 490
Building And Buildings, England And Wales
The Building (Amendment) Regulations 2016
Made 11th April 2016
Laid before Parliament 13th April 2016
Coming into force 9th May 2016
The Secretary of State is a Minister designated1for the purposes of section 2(2) of the European Communities Act 19722in relation to electronic communications.
The Secretary of State has consulted the Building Regulations Advisory Committee for England and such other bodies as appear to be representative of the interests concerned in accordance with section 14(3) of the Building Act 19843.
The Secretary of State makes the following Regulations, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 and by sections 1, 1A, 3, 8(6), 34, 35 and 126 of, and paragraphs 7, 8, 9 and 10 of Schedule 1 to, the Building Act 1984.
Citation, application and commencement
1.—(1) These Regulations may be cited as the Building (Amendment) Regulations 2016.
(2) These Regulations extend to England and Wales.
(3) These Regulations do not apply to any building in Wales other than an excepted energy building, and “excepted energy building” shall have the same meaning as in the Schedule to the Welsh Ministers (Transfer of Functions) (No.2) Order 20094.
(4) These Regulations come into force on 9th May 2016.
Amendments to the Building Regulations 2010
2.—(1) The Building Regulations 20105are amended in accordance with the following paragraphs.
(2) In regulation 9 (exempt buildings and work)—
(a)
(a) in paragraph (1) for “and (3)” substitute “, (3) and (4)”;
(b)
(b) after paragraph (3) insert the following paragraph—
“4 The requirements of paragraph R1 of Schedule 1 apply to buildings falling within paragraphs 1 and 2 of Class 1 (buildings controlled under other legislation) in Schedule 2.”
(3) In regulation 11(3) (power to dispense with or relax requirements) after “26” insert “and paragraph R1 (in-building physical infrastructure for high-speed electronic communications networks) of Schedule 1”.
(4) After regulation 44 (commissioning) insert the following Part heading and regulations—
“PART 9A
Physical infrastructure for high-speed electronic communications networks
Application of paragraph R1 of Schedule 1 to educational buildings, buildings of statutory undertakers and Crown buildings
44A.—(1) The requirements of paragraph R1 (in-building physical infrastructure for high-speed electronic communications networks) of Schedule 1 apply (insofar as applicable to other buildings) also to—
(a)
(a) educational buildings and buildings of statutory undertakers (notwithstanding section 4(1) of the Act);
(b)
(b) Crown buildings; and
(c)
(c) building work carried out or proposed to be carried out by Crown authorities.
(2) In this regulation “educational buildings and buildings of statutory undertakers” means buildings that fall within paragraphs (a), (b) or (c) of section 4(1) of the Act
Exemptions from paragraph R1 of Schedule 1
44B. The requirements of paragraph R1 (in-building physical infrastructure for high-speed electronic communications networks) of Schedule 1 do not apply to the following types of building or building work—
(a) buildings which are—
(i) listed in accordance with section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990, or
(ii) in a conservation area designated in accordance with section 69 of that Act,
where compliance with paragraph R1 of Schedule 1 would unacceptably alter their character or appearance;
(b) buildings—
(i) occupied by the Ministry of Defence or the armed forces of the Crown, or
(ii) otherwise occupied for purposes connected to national security;
(c) buildings situated in isolated areas where the prospect of high-speed connection is considered too remote to justify equipping the building with high-speed ready in-building physical infrastructure or an access point;
(d) major renovation works in cases in which the cost of compliance with paragraph R1 of Schedule 1 would be disproportionate to the benefit gained.
Interpretation of Part R of Schedule 1
44C. In Part R of Schedule 1—
“access point” means a physical point, located inside or outside the building, accessible to undertakings providing or authorised to provide public communications networks, where connection to the high-speed ready in-building physical infrastructure is made available;
“high-speed electronic communications network” means an electronic communications network which is capable of delivering broadband access services at speeds of at least 30 Mbps;
“high-speed ready in-building physical infrastructure” means in-building physical infrastructure intended to host elements, or enable delivery, of high-speed electronic communications networks;
“in-building physical infrastructure” means physical infrastructure or installations at the end-user’s location, including elements under joint ownership, intended to host wired or wireless access networks, where such access networks are capable of delivering electronic communications services and connecting the building access point with the network termination point;
“major renovation works” means works at the end-user’s location encompassing structural modifications of the entire in-building physical infrastructure, or of a significant part of it;
“network termination point” means a physical point at which an occupier is provided with access to high-speed electronic communications networks.”.
(5) After regulation 54 add—
“...
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